Member of Trump's voter fraud panel pushed to exclude all Democrats, moderate Republicans, academics

Mike Pence and Kris Kobach
(Image credit: Mark Wilson/Getty Images)

After falsely claiming that 3-5 million people voted illegally for his opponent in the 2016 election, President Trump announced his intention in late January to set up a commission to investigate voter fraud, a decision he formalized with an executive order in May. On Feb. 22, a Heritage Foundation employee wrote an email to Attorney General Jeff Sessions saying he'd heard the "disturbing" news that the commission's chairman, Vice President Mike Pence, planned to make the panel bipartisan and urged that only like-minded conservatives be appointed, according to a copy of the email obtained by the nonpartisan Campaign Legal Center (CLC) through a freedom-of-information request.

The Justice Department redacted the name of the Heritage Foundation's self-proclaimed vote-fraud expert, but the conservative think tank effectively confirmed to Gizmodo that the author was Hans von Spakovsky, who was later appointed to the commission and is identified by the CLC as "widely considered the architect of the voter fraud myth." At the commission's second public meeting on Tuesday, before Heritage confirmed that Spakovsky wrote the email, Pro Publica's Jessica Huseman asked him "point blank" if he'd "authored this document, he said no." She posted audio of the exchange.

In the email, the Heritage Foundation employee presumed to be Spakovsky argued to Sessions that "there isn't a single Democratic official that will do anything other than obstruct any investigation of voter fraud" and claim that the commission "is engaged in voter suppression," and that "mainstream Republican officials and/or academics" would also make the commission "an abject failure." The author also complained that none of the "real experts on the conservative side" had been appointed "other than Kris Kobach," the committee's vice chairman, Kansas secretary of state, and Breitbart News columnist.

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Pence and Kobach eventually appointed seven Republicans and five Democrats to the commission, though one Democrat resigned. But the CLC said that the email adds "to the mounting evidence that the commission has no interest in true bipartisanship or an open discussion of how to solve the real problems in our elections." CLC president Trevor Potter, a former GOP chairman of the Federal Election Commission, said that Kobach's "farcical meetings" continue "to validate the worst suspicions about the commission: that it is designed to shrink the electorate for partisan advantage." He suggested they focus on "a true issue of election integrity" like Russians buying political ads on Facebook.

UPDATE: Spakovsky said in a statement that the email was sent to "private individuals who were not in the administration" and "was unaware that it had been forwarded" to Sessions. He added that he now believes the commission is "committed to uncovering the truth about election integrity and the other issues present in our election system."

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Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.